Tysiąc v. Poland
Country: PolandYear: 2007
Court: European Court of Human Rights
Citation: App. No. 5410/03, 45 Eur. H.R. Rep. 42 (2007).
Health Topics: Disabilities, Health care and health services, Health information, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right of access to information, Right to bodily integrity, Right to due process/fair trial, Right to family life, Right to health, Right to life, Right to privacy
Applicant alleged a violation of Article 8 (right to respect for private and family life) of the Convention when she had been refused a therapeutic abortion considered legal under the Family Planning Act of Poland–when the pregnancy is thought to endanger the mother’s life, as was the case here. Applicant suffered from severe myopia and …Read more
Byrzykowski v. Poland
Country: PolandYear: 2006
Court: European Court of Human Rights
Citation: Application No. 11562/05
Health Topics: Health care and health services, Health systems and financing, Medical malpractice, Sexual and reproductive health
Human Rights: Right to due process/fair trial, Right to life
Applicant, a Polish national, claimed violations of Articles 2 (right to life) and 6 (timely investigation) of the European Convention on Human Rights (ECHR) when he was unable to convince authorities to investigate potential mistreatment of his wife, who fell into a coma and died during labor after receiving an epidural. Following the wife’s death, …Read more
Ximenes-Lopes v. Brazil
Country: BrazilYear: 2006
Court: Inter-American Court of Human Rights
Citation: Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 149 (July 4, 2006).
Health Topics: Health care and health services, Hospitals, Medical malpractice, Mental health
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to bodily integrity, Right to due process/fair trial, Right to life
Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more
Case 256001
Country: FranceYear: 2005
Court: Conseil d'Etat [Council of State]
Citation: C.E., n°256001, 12 January 2005
Health Topics: Health care and health services, Health systems and financing, Medical malpractice
This case concerned violations of the physicians’ professional Code of Conduct and a disregard for the general nomenclature of professional acts in medicine by Mr. Gilbert X. Mr. X was sanctioned by the Social Security Section of the National Council of the College of Physicians to a four months prohibition of the right to dispense …Read more
Draon v. France
Country: FranceYear: 2005
Court: European Court of Human Rights
Citation: Application No. 1513/03; (2006) 42 EHRR 40; [2005] ECHR 679
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Lionel and Christine Draon. AP-HP admitted liability for its negligence, and the Draons submitted an application to the Paris Administrative …Read more
Glegg v Smith & Nephew Inc
Country: CanadaYear: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more
Gregg v. Scott
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 2
Health Topics: Chronic and noncommunicable diseases, Medical malpractice
Mr. Gregg consulted Dr. Scott, his general practitioner about a lump under his arm. Dr. Scott diagnosed the lump wrongfully as being benign. However, it was later discovered that the tumor was cancerous and had spread to various other parts of Mr. Gregg’s body. As a consequence of the Dr. Scott’s misdiagnosis, treatment for Mr. …Read more
JD (FC) v. East Berkshire Community Health NHS Trust and Ors.
Country: United KingdomYear: 2005
Court: House of Lords
Citation: [2005] UKHL 23
Health Topics: Child and adolescent health, Medical malpractice, Mental health, Violence
Human Rights: Right to due process/fair trial
JD and MAK, parents of children with severe medical conditions, were wrongly suspected of child abuse through the misdiagnosis of their children by doctors. The ensuing investigation was conducted negligently. Each parent in consequence suffered psychiatric disorder and their family life was disrupted and they issued proceedings against the respective health authorities and individual doctors …Read more
Kumar Mukherjee v. Ruby General Hospital & Ors
Country: IndiaYear: 2005
Court: National Consumer Disputes Redressal Commission
Citation: Original Petition No. 90 of 2002
Health Topics: Health care and health services, Hospitals, Medical malpractice
Human Rights: Right to life
A young boy was hit by a bus while riding his motorcycle to school. He suffered a head injury and was brought to the Ruby General Hospital of Kolkata, which was near the accident, by a passerby. When he arrived at the hospital, he was conscious but was bleeding from the nose and mouth. At …Read more
Maurice v. France
Country: FranceYear: 2005
Court: European Court of Human Rights
Citation: Application No. 11810/03; (2006) 42 EHRR 42; [2005] ECHR 683
Health Topics: Child and adolescent health, Disabilities, Medical malpractice, Sexual and reproductive health
Human Rights: Freedom from discrimination, Right to due process/fair trial, Right to family life, Right to property
The application concerned a negligent prenatal diagnosis made by Assistance Publique—Hôpitaux de Paris (AP-HP), a molecular diagnosis laboratory. AP-HP failed to detect an anomaly during pregnancy, resulting in the birth of a disabled child to Didier and Sylvia Maurice. Mr. and Mrs. Maurice submitted an application to the Paris Administrative Court for an assessment of …Read more